Advocacy and notary office. Providing evidence (most important)

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Advocacy and notary office. Providing evidence (most important)

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53. Provision of evidence

At the request of interested parties, a notary provides evidencenecessary in the event of a case arising in court or an administrative body, if there are grounds to believe that the presentation of evidence will subsequently become impossible or difficult. Such an appeal is possible only on the condition that the case for which this evidence will be important has not yet arisen and is not being considered by a court or administrative body.

A person interested in providing evidence must submit a relevant application to the notary's office.

In order to secure evidence, a notary has the right to interrogate witnesses, examine written and material evidence, and appoint an expert examination.

According to the Order of the Ministry of Justice dated March 15, 2000 "On Approval of Methodological Recommendations for the Performance of Certain Types of Notarial Actions by Notaries of the Russian Federation" on the interrogation of a witness in order to secure evidence, the notary draws up a protocol that indicates: the date and place of the interrogation; surname, initials of the notary who conducted the interrogation, date and number of the order of the body of justice on the appointment of a notary, his notary district or the name of the state notary's office; information about the witness; information about the persons participating in the interrogation; warning about liability for giving knowingly false testimony and refusal to give evidence; the content of the testimony of the witness (questions asked to him and answers to them).

During the inspection written and physical evidence a protocol is drawn up, which must indicate: the date and place of the inspection; surname, initials of the notary conducting the inspection, date and number of the order of the body of justice on the appointment of a notary, his notary district or the name of the state notary's office; information about interested persons participating in the inspection; circumstances discovered during the inspection.

About appointment of expertise the notary issues a decision, which indicates: the date of the decision; surname, initials of the notary who issued the decision, date and number of the order of the body of justice on the appointment of a notary, his notary district or the name of the state notary's office; information about the person at whose request the examination is appointed; matters requiring expert opinion; the name of the expert institution entrusted with the performance of the expert examination.

About the time and place of providing evidence the notary must notify the parties and interested persons, whose failure to appear is not an obstacle to the performance of actions to secure evidence.

The notary has the right to propose to the person who applied for the production of securing evidence to deposit money to the office to pay remuneration for witnesses and experts and to cover other expenses for the production of evidence securing.

Authors: Nevskaya M.A., Shalagina M.A.

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